Patna High Court
AMBIKA PRASAD SAH @ AMIKA PD.SAHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as the appellant is deceased and no relative applied for leave to continue.
Summary
The appellant, Ambika Prasad Sah, died during the pendency of his criminal appeal against the State of Bihar. The court examined a police letter confirming the death and noted that no near relative had applied for leave to continue the appeal. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal cannot proceed without a petitioner's presence or a relative's application. Consequently, the court held that the appeal stands abated. The trial court record is to be sent back to the lower court, and the appeal is disposed of.
Issues considered
- Whether a criminal appeal can continue when the appellant has died and no relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abated appeal
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.28 of 2002
======================================================
Ambika Prasad Sah @ Amika Pd. Sah, S/o Late Dayal Sah, R/o Sarkanda
Sahubasa, P.S.-Barahat Issipur, Dist.-Bhagalpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Krishna Mohan, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 13-05-2026 Perused the Letter No. 884 dated 03.05.2026 of the
Senior Superintendent of Police, Bhagalpur, along with the
report dated 02.05.2026 of S.H.O.- Issipur Barahat P.S.,
Bhagalpur, wherein it is indicated that during enquiry it came to
light that the sole appellant, namely, Ambika Prasad Sah @
Amika Pd. Sah, is dead.
2. In view of the said letters as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.28 of 2002(3) dt.13-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
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